Bankruptcy Litigation

Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? ABI’s panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.

Trustee Selection in Commercial Bankruptcy Cases: Who Wins the Battle to Control the Estate?

This panel will discuss a range of litigation issues with a focus on legal, equitable and constitutional defenses raised in avoidance actions.

This panel will discuss “Stern problems” regarding bankruptcy court jurisdiction and the standing of various parties in light of the Supreme Court’s ruling in Executive Benefits Insurance Agency v. Arkison in order to identify simple solutions to these complex constitutional problems. The faculty will explain the key Supreme Court cases on constitutional jurisdiction and apply these cases to fact patterns involving preference claims, a Ponzi scheme case, a typical fraudulent conveyance claim, and a typical state law contract claim. The panel will also present the leading cases on standing and attempt to integrate a discussion of standing into the fact patterns.

Conflict and Controversy over Injunctions, Releases and Related Protective Relief

A broad array of potential restructuring clients — private equity, examiners, traditional bank clients, industry clients, etc. — will share their thoughts about best practices, dos and don’ts, and helpful anecdotes. What characteristics distinguish a great bankruptcy or restructuring practitioner? What advice should someone give to younger professionals in the industry who want to be future leaders? What are some examples of the challenging ethical dilemmas that younger professionals face, and how should they be handled? How will changes in the industry impact younger professionals who want to remain in the industry for their entire career?

This panel will provide helpful guidelines for creating clear client expectations, adequately defining work scope and managing fees when engaging FAs and expert witnesses. We have all had cases where clients were unhappy because work product didn’t meet expectations or fees were significantly higher than expected. This panel will help the practitioner learn how to use financial professionals more effectively to decrease the risk of having an unhappy client.

Do you know the correct procedural answer, and even if the answer is “yes,” can you explain to your client why the practical answer might still be “no”? Corporate bankruptcy attorneys need to understand the procedural and practical effects of a bankruptcy judge’s discretion in key and routine motion practice. This session is great for younger attorneys who are learning the ropes, experienced attorneys who could use a procedural refresher, and bankruptcy judges who want to be sensitive to the practitioner’s viewpoint as to why a procedural appeal right might not always be a practically accessible appeal right.

The panel will discuss due diligence requirements before bringing suits, suits or demands made for leverage, asserting claims in excess of estate value, and ethics complaints and litigation advantages.